DISTRICT OF COLUMBIA v. HUDSON

Nos. 9312, 9387, 9492, 9545 and 9548 to 9550.

404 A.2d 175 (1979)

DISTRICT OF COLUMBIA, Appellant, v. Warren HUDSON, Appellee. UNITED STATES, Appellant, v. Warren HUDSON, Appellee. DISTRICT OF COLUMBIA, Appellant, v. Michael Wayne JONES, Appellee. DISTRICT OF COLUMBIA, Appellant, v. Bruce James NAUGHTON, Appellee. DISTRICT OF COLUMBIA, Appellant, v. Christopher MATTHEWS, Appellee. UNITED STATES, Appellant, v. Benjamin MACK, a/k/a Becton R. Speight, Appellee (two cases).

District of Columbia Court of Appeals.

Decided July 19, 1979.


Attorney(s) appearing for the Case

Richard W. Barton, Deputy Corp. Counsel, Washington, D. C., with whom C. Francis Murphy, Corp. Counsel, Washington, D. C., at the time the original brief was filed, John R. Risher, Jr., Corp. Counsel, Washington, D. C., at the time the supplemental brief was filed, Louis P. Robbins, Acting Corp. Counsel, Washington, D. C., at time of argument, and James N. Dulcan, Asst. Corp. Counsel, Washington D. C., were on briefs, for appellant District of Columbia.

John A. Terry, Asst. U. S. Atty., Washington D. C., with whom Earl J. Silbert, U. S. Atty., Washington, D. C., at the time the brief was filed, James F. McMullin, David R. Addis, Joseph Guerrieri, Jr., Asst. U. S. Attys., Washington, D. C., and H. Lowell Brown, law student (LS No. 847), were on brief, for appellant United States.

Robert Clem, Washington, D. C., appointed by this court, for appellee Hudson.

Sol Rosen, Washington, D. C., appointed by this court, filed a brief on behalf of appellee Jones.

Steffen Graae, Washington, D. C., filed a brief on behalf of appellee Naughton.

David J. Cynamon, Washington, D. C., filed a brief on behalf of appellee Matthews.

David C. Niblack, Washington, D. C., appointed by this court, for appellee Mack. Robert St. John Roper, supervising atty., Washington, D. C., appointed by this court, and Joyce Marie Cram, law student (LS No. 899), were on the brief for appellee Mack. James M. Doyle also filed an appearance for appellee Mack.

Ralph J. Temple, Washington, D. C., on behalf of amicus curiae, American Civil Liberties Union.

Before NEWMAN, Chief Judge, and KELLY, KERN, GALLAGHER, NEBEKER, HARRIS, MACK and FERREN, Associate Judges, and REILLY, Chief Judge, Retired, and YEAGLEY, Associate Judge, Retired.


KERN, Associate Judge:

The United States and the District of Columbia variously appeal1 from orders entered by the trial court in five different cases with one common factor: the appellee in each case was arrested by police for a criminal offense but the government subsequently determined not to prosecute him and he then requested the court to order the record of that arrest expunged from the...

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